Written Answers Tuesday 12 June 2007

Scottish Executive

Agri-Environment Schemes

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what the total area of utilisable agricultural land was in the most recent year for which figures are available; what percentage of this was subject to agri-environment agreements, and what the equivalent percentages were in (a) England, (b) Wales, (c) Northern Ireland and (d) the European Union as a whole.

Richard Lochhead: The figures requested are set out in the following table.

  2005

  

Region
Utilisable Agricultural Land
(ha)
Percentage Subject to 
Agri-Environment Agreements


Scotland
5,198,000
54%


England
9,228,630
29%


Wales
1,568,898
28%


Northern Ireland
1,043,370
24%


EU (15)*
1,283,050,000
29%



  Note: *The EU figure relates to 2001, the most recent year for which information is available.

Animal Health and Welfare (Scotland) Act 2006

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what secondary legislation is planned consequent to the Animal Health and Welfare (Scotland) Act 2006.

Richard Lochhead: During the course of this Parliament I will consider the need for secondary legislation on a range of animal health and welfare issues as proposed by the previous administration under the Animal Health and Welfare (Scotland) Act 2006. I anticipate that regulations on the licensing of animal dealers will be laid before Parliament in the autumn. Work is also underway on animal health regulations to licence animal gatherings so as to introduce biosecurity measures for disease control purposes.

  Whilst I have no definite time scale in mind I will also be looking at the need for animal welfare legislation on a range of issues including the licensing of animal sanctuaries, livery yards and riding stables, the keeping of wild animals in circuses, the operation of pet fairs, the welfare of retired racing greyhounds and the use of electric shock collars.

Animal Welfare

Jim Hume (South of Scotland) (LD): To ask the Scottish Executive what plans it has to introduce marketing grants for the veal industry to help primary producers and processors develop outlets for their products, thus helping to ensure a local market.

Richard Lochhead: Under the proposed new Scottish Rural Development Programme, assistance will be available to help primary producers and processors, including those in the veal industry, to develop new and existing markets for their products.

Animal Welfare

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it is considering banning the export of live calves.

Richard Lochhead: No. Any such ban would contravene free trade rules and would be illegal under EU law.

Charities

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what consultation the Office of the Scottish Charity Regulator has carried out, and with whom, about its current policy in respect of housing associations that operate as registered charities.

Fergus Ewing: The information requested is not held centrally. The Office of the Scottish Charity Regulator is operationally independent from Scottish ministers and the member should contact them for this information.

Council Tax

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it intends to freeze council tax in 2008-09.

John Swinney: We have made clear that we are committed to freezing council tax levels at 2007-08 levels and we will be working closely with local government to achieve this.

Council Tax

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how much funding it intends to make available to Dumfries and Galloway Council to enable it to freeze council tax in (a) 2008-09 and (b) 2009-10.

John Swinney: The funding to be made available to local authorities, including Dumfries and Galloway Council, in 2008-09 and 2009-10 will be confirmed later this year, following the outcome of spending review.

Emergency Services

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it will consider merging disparate emergency services training facilities into a central Scottish unit, as recommended in the Howat report.

John Swinney: The budget review report will contribute to our strategic thinking around the spending review. It would be inappropriate to comment on the detail or pre-empt any commitment ahead of the spending review 2007.

Employment

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive what the average annual number of long-term unemployed people has been in Dundee and what percentage of the total number of unemployed they accounted for in each of the last five years.

John Swinney: The Claimant Count gives the number of people claiming unemployment related benefits and is produced by the Office for National Statistics.

  Table 1 shows the number of long-term unemployed people claiming unemployment related benefits in Dundee and also the long-term unemployed as a proportion of total unemployment in the authority. Annual averages are provided from 2002 to 2006, and cover the period January to December inclusive. Long-term unemployed are defined as those claiming unemployment related benefits for over 12 months.

  Table 1 Claimant Count Unemployment, Dundee, 2002-06

  

 
Number of 
Long-Term Unemployed
Long-Term Unemployed as % of Total Unemployment


2002
985
20.9%


2003
790
18.0%


2004
645
17.0%


2005
585
15.7%


2006
575
15.3%



  Source: Office for National Statistics.

  Notes:

  1. Data covers the period January to December (inclusive).

  2. Long-term unemployed defined as those claiming for over 12 months.

Employment

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive what the average annual number of long-term unemployed people has been in Angus and what percentage of the total number of unemployed they accounted for in each of the last five years.

John Swinney: The Claimant Count gives the number of people claiming unemployment related benefits and is produced by the Office for National Statistics.

  Table 1 shows the number of long-term unemployed people claiming unemployment related benefits in Angus and also the long-term unemployed as a proportion of total unemployment in the authority. Annual averages are provided from 2002 to 2006, and cover the period January to December inclusive. Long-term unemployed are defined as those claiming unemployment related benefits for over 12 months.

  Table 1 Claimant Count Unemployment, Angus, 2002-06

  

 
Number of 
Long-Term Unemployed
Long-Term Unemployed as % of Total Unemployment


2002
290
14.1%


2003
260
12.9%


2004
270
14.1%


2005
285
15.7%


2006
310
17.4%



  Source: Office for National Statistics.

  Notes:

  Data covers the period January to December (inclusive).

  Long-term unemployed defined as those claiming for over 12 months.

Employment

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive what the average annual number of long-term unemployed people has been in Aberdeenshire and what percentage of the total number of unemployed they accounted for in each of the last five years.

John Swinney: The Claimant Count gives the number of people claiming unemployment related benefits and is produced by the Office for National Statistics.

  Table 1 shows the number of long-term unemployed people claiming unemployment related benefits in Aberdeenshire and also the long-term unemployed as a proportion of total unemployment in the authority. Annual averages are provided from 2002 to 2006, and cover the period January to December inclusive. Long-term unemployed are defined as those claiming unemployment related benefits for over 12 months.

  Table 1 Claimant Count Unemployment, Aberdeenshire, 2002-06

  

 
Number of Long-Term Unemployed
Long-Term Unemployed as % of Total Unemployment


2002
155
8.8%


2003
165
8.5%


2004
195
10.0%


2005
185
11.1%


2006
165
11.4%



  Source: Office for National Statistics.

  Notes:

  1. Data covers the period January to December (inclusive).

  2. Long-term unemployed defined as those claiming for over 12 months.

Environment

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what total area of Scotland is classified as a Special Protection Area or Special Area of Conservation under the EU birds or habitats directives; what percentage of this area benefits from management payments from (a) Scottish Natural Heritage’s Natural Care scheme and (b) the Executive’s agri-environment schemes, and what the respective costs are of these two schemes.

Michael Russell: The total land area of Scotland classified as a Special Protection Area under the EU birds directive is 586,966 hectares. The total area designated as a Special Area of Conservation under the EU habitats directive is 601,428 hectares. Due to some overlap of these designations, the total amount of land under these classifications is 850,032 hectares

  Forty-five percent of this area benefits from payments from Scottish Natural Heritage’s management agreements. In 2006-07, this amounted to £3.4 million.

  We do not record separately the area of Natura and other designated sites which benefits from agri-environment scheme payments. The cost of agri-environment schemes in 2006-07 was £35 million.

Environment

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what percentage of features within Scotland’s Special Protection Areas or Special Areas of Conservation, classified under the EU birds or habitats directives, are in unfavourable condition; what steps it has taken to identify the management required to rectify this, and how much such measures are estimated to cost.

Michael Russell: Based on the features assessed through the Site Condition Monitoring programme so far (the following table 1), the proportions of features that are in unfavourable condition and are not recovering (the management of the site has not already been adjusted to favour the special features) are:

  27% of all Natura features;

  20% classified features on Special Protection Areas, and

  33% of qualifying features on Special Areas for Conservation.

  The Scottish Executive has set a key target for 80% of features to be reported in favourable condition by 2008 progressing to 95% by 2010. The steps taken to identify the management required to bring the unfavourable Natura features into favourable condition are:

  Scottish Natural Heritage has been looking closely at the management required to bring these features into favourable condition and is actively taking forward a programme of voluntary management agreements to put this in place.

  Forestry Commission Scotland is drawing up an action plan for Natura features in unfavourable condition associated with woodlands within their Scottish Forestry Strategy.

  A programme of joint working is addressing impacts caused by grazing animals mainly on Natura sites.

  Public and voluntary bodies who own land are also seeking to meet the Executive target by addressing Natura features in unfavourable condition on their land.

  It is anticipated that funding for bringing Natura features into favourable condition will be available under the Scottish Rural Development Plan.

  However, despite the proactive work underway, it should be noted it is not always possible to address unfavourable condition of features by on-site changes in management. For example, seabird populations account for many of the unfavourable features on Special Protection Areas. These are thought to be influenced by external factors, such as climate change and declining fish stocks, which may require wider policy changes before recovery in condition will be achieved.

  Excluding those features where no on-site action can be taken, there are 258 assessed Natura features where action is required to bring about recovery. From the feature assessments still to be confirmed, Scottish Natural Heritage estimate that a further 36 features will need action. That makes the total number of unfavourable Natura features requiring action to 294.

  It is estimated that to put in place the appropriate management to bring these unfavourable Natura features into favourable condition, it will cost between £20 to 50,000 per feature (based on experience from established Natural Care Schemes). This gives an estimate of around £10 million over a five year period or £2 million per year. This is for incentive based measures on terrestrial features and excludes funding needed for the management of marine sites, monitor the features on terrestrial and marine sites and staff costs.

  Table 1. Summary of Natura Feature Condition Assessments

  

 
SAC
SPA
Total


Total number of features
890
598
1,488


Features assessments confirmed
782
571
1,353


Favourable
59 %
78 %
67 %


Unfavourable, recovering 
8 %
2 %
6 %


Unfavourable
33 %
20 %
27 %


Unfavourable features
 
 
 


Action is required for recovery 
241
24
258


No on-site action can be taken
17
90
107


Still to be confirmed *
 
 
 


Predict action will be required
28
8
36


Predicted number requiring action by 2010
269
32
294



  Note: *Most features have been assessed but some still need to be confirmed.

Environment

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how many species or habitats, identified by the UK Biodiversity Action Plan process as requiring conservation action through agri-environment measures, there are in Scotland and, of these, what percentage are (a) increasing, (b) stable and (c) declining.

Michael Russell: The number of species or habitats in the UK Biodiversity Action Plan requiring action which could be addressed through agri-environment measures in Scotland are:

  UKBAP Species/Habitats Expected to Benefit Through Agri-Environment Measures

  

 
Declining
Stable
Increasing


Species (n = 88)
28 (32%)
50 (57%)
10 (11%)


Habitats (n = 23)
12 (52%)
5 (22%)
6 (26%)

Environment

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how many cases there are in Scotland where the European Commission has sought information or other material from the Executive in order to investigate alleged infractions of EU environmental directives or regulations.

Michael Russell: There are currently 27 such cases.

Environment

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what its best estimate is of the costs of (a) securing favourable conservation status for Scotland’s Special Protection Areas or Special Areas of Conservation classified under the EU birds or habitats directives and (b) meeting the objectives of the UK Biodiversity Action Plan in Scotland and what percentage of these costs it estimates will be met as part of the Scottish Rural Development Plan.

Michael Russell: The best estimate of the costs to ensure that appropriate management is in place for Natura features to achieve favourable condition is approximately £6 million a year. This figure takes account of the need to put in place appropriate management where features are in unfavourable condition as well as the need to continue to fund current expenditure commitments for management on Natura sites in order to ensure that efforts to maintain or achieve favourable condition are secured. The estimate is based on payments for terrestrial management. It does not include payment to address marine Natura features, the surveying and/or monitoring of terrestrial or marine Natura features and/or sites, nor does it include staff costs.

  The costs of meeting the objectives of the UK BAP in Scotland were estimated in the Defra commissioned report by GHK Consulting Ltd (2006) UK Biodiversity Action Plan: Preparing Costings for Species and Habitat Action Plans. This report involved a broad number of assumptions and estimates and produced a cost estimate for Scotland of £135 million per annum.

  Annual expenditure relating to UKBAP (UK Biodiversity Action Plan) in Scotland was estimated in "Updating Current and Future BAP Expenditure", produced by GHK in March 2007 to update the 2006 report, at £92.3 million. The agri–environment programme accounted for about £20 million (22%) of this spend in 2005-06. This had risen to £35 million in 2006-07.

  Biodiversity action has always depended on partnership and significant funding also comes from the Wildlife and Countryside Link organisations, (£23 million, 25%) Forestry Commission (£20.5 million, 22%) and SNH (£20 million, 22%) in 2005-06.

  It is not possible at this stage to estimate what proportion of Natura and UKBAP costs will be met as part of the Scottish Rural Development Plan, but agri-environment measures funded by the Executive will play an important part in delivering Natura and UKBAP objectives. The amount allocated for agri-environment measures in the new Scottish Rural Development Plan is £404 million.

  A link to both reports and associated documents follows:

  http://www.ukbap.org.uk/librarysearchresults.aspx?ID=528.

Firearms

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will make representations to Her Majesty’s Government to introduce legislation to ban airguns in Scotland.

Kenny MacAskill: We cannot ignore the strength of public feeling about the misuse of air weapons in our communities we are committed to taking appropriate steps to minimise the risk posed by air weapons. We intend to engage with the Westminster Government on a wide range of issues including firearms.

Firearms

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will make representations to Her Majesty’s Government to transfer legislative responsibility for firearms control from Westminster to the Scottish Parliament.

Kenny MacAskill: We are committed to ensuring that Scotland has a firearms regime that meets Scotland’s needs. We intend to engage with the Westminster Government on a wide range of issues including firearms.

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive how many consultations there have been on the flexibility and transferability of pelagic and demersal pressure stock licences and what period has passed since the initial proposals for changes were made.

Richard Lochhead: To date there have been no formal consultations.

  However, the ability to provide for greater flexibility in the transfer and use of fishing vessel licences has been considered by the Fishing Vessel Licensing Review Working Group, a joint industry/departmental group, at meetings of the Group in April and June 2006. Recommendations were made to ministers in autumn 2006 and accepted fully by Scottish ministers at that stage. Under the current system licensing is undertaken on a UK-wide basis by agreement and it is only once all ministers have accepted these recommendations that a final decision on implementation can be made. Formal agreement from the Northern Ireland administration is awaited.

  On this basis, we intend to consult with the industry on this by late June with implementation by autumn 2007.

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what the policy objective is of allowing unused pelagic and demersal pressure stock licences to be cancelled if not used for a period of three years.

Richard Lochhead: Under the UK fishing vessel licensing regime currently managed jointly by agreement, licences which are not attached to active vessels can be established as unattached licence entitlements and remain valid for a period of up to three years. If they are not used within this time period the entitlement lapses and the licence capacity is withdrawn from the system. However, my policy objective is to seek to ensure that capacity remains as far as possible active within the industry.

  The Fishing Vessel Licensing Review Working Group has recommended that the period be extended to five years to allow more time for owners to seek suitable licence entitlements and assist in project planning for a new build as well as accounting for actual build time involved. Industry will be consulted on this shortly and it is hoped that the revised validity period will be implemented later this year.

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what its position is on no timescale limit being attached to unused pelagic and demersal pressure stock licences that are currently cancelled if not used for a period of three years.

Richard Lochhead: We consider that a time period should continue to apply for use to be made of fishing vessel licence entitlements which are not attached to active fishing vessels.

  The Fishing Vessel Licensing Review Working Group has recommended that the validity period for unattached licence entitlements should be increased beyond the current three year period. This increase is to provide adequate time to allow owners to secure suitable entitlements for new vessels and undertake all of the necessary project planning that is required for a new build as well as accounting for the actual build time itself. Scottish ministers accepted this recommendation for an increased time period and propose that a revised validity period of five years be implemented, subject to consultation with industry. We will keep this requirement under review to ensure that it remains effective in light of changing circumstances.

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when a decision will be made on the flexibility and transferability of pelagic and demersal pressure stock licences and why no decision has been taken to date.

Richard Lochhead: Recommendations from the Fishing Vessel Licensing Review Working Group have been put forward stating that greater flexibility should be introduced in the use of fishing vessel licences. Scottish ministers in the previous administration accepted fully this recommendation at that time and have since been engaged with fellow UK ministers in further dialogue. Under the current system licensing is undertaken on a UK wide basis by agreement and it is only once all ministers have jointly agreed these recommendations that a final decision on implementation can be made. Formal agreement from the Northern Ireland administration is awaited shortly.

  On this basis, we intend to consult with the industry on this by late June with implementation by autumn 2007.

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive how many (a) pelagic and (b) demersal pressure stock licences have been cancelled in each of the last 10 years, also showing the reasons for cancellation.

Richard Lochhead: The required information in relation to licences administered in Scotland is as follows:

  

Year
Pelagic Licences
Demersal Licences


1997
Nil
4 (Decommissioned vessels)


1998
Nil
15 (Decommissioned vessels)


1999
Nil
1 (Licence entitlement expiry)


2000
Nil
Nil


2001
Nil
1 (Licence entitlement expiry)


2002
Nil
98 (Decommissioned vessels)2 (Licence entitlement expiry)


2003
Nil
59 (Decommissioned vessels)1 (Licence entitlement expiry)


2004
Nil
8 (Decommissioned vessels)1 (Licence entitlement expiry)


2005
Nil
3 (Licence entitlement expiry)


2006
Nil
3 (Licence entitlement expiry)

Fisheries

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when it will address the complex regulation of the fishing industry.

Richard Lochhead: We are currently examining a range of national measures that can be simplified and where opportunities exist, removed including amongst others, licensing restrictions and catch composition rules. In addition to this range of national measures, we are actively involved with the EU authorities in a project to simplify the CFP regulatory framework to reduce the burden of complex fisheries legislation on the Scottish industry.

Justice

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive what steps it will take to increase the current level of claim in relation to small claims actions; what form such steps will take, and in what timeframe it will bring forward proposals for any changes it may make.

Kenny MacAskill: I am considering the issue and will make an announcement in due course.

  In making changes to jurisdiction limits there is a need to consider the varying interests of the different court users and strike the right balance in what any increase to the limits should be. There is a need to ensure that whatever is done to these thresholds, they are updated to a sensible level which serves the needs of users of the court system and which will have the support of the Parliament.

Management of Offenders etc. (Scotland) Act 2005

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive how many prisoners were released early under the Management of Offenders etc. (Scotland) Act 2005 from the granting of Royal Assent until 31 March 2007.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  A total of 1,274 prisoners were released under the Home Detention Curfew scheme between 3 July 2006 and 31 March 2007.

Management of Offenders etc. (Scotland) Act 2005

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive what percentage length of the sentence imposed was served on average by prisoners released early under the Management of Offenders etc. (Scotland) Act 2005.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  The Scottish Prison Service does not record the proportion of each sentence served in custody.

Marine Environment

Tavish Scott (Shetland) (LD): To ask the Scottish Executive whether any planned legislation to control the ship-to-ship transfer of oil in open waters, such as the Firth of Forth, will allow the continued ship-to-ship transfer of oil in sheltered harbours such as Sullom Voe.

Richard Lochhead: As I said in response to the questions following my statement to the Parliament on 24 May, there are some areas in Scotland where ship-to-ship oil transfers already take place, and where it is perfectly acceptable for such operations to continue. It is not the Scottish Government’s intention that the planned legislation will have consequences for appropriate business activity in the Firth of Forth, or in any other area of Scottish waters.

Marine Environment

Marilyn Livingstone (Kirkcaldy) (Lab): To ask the Scottish Executive what plans it has to introduce retrospective legislation with regard to ship-to-ship transfer of oil in the Firth of Forth.

Richard Lochhead: As I said in my statement to Parliament on 23 May I am currently considering a range of options, which may offer opportunities to further scrutinise the consent process associated with the proposed ship-to-ship transfers in the Firth of Forth, including whether or not changes in legislation should apply retrospectively. However, no decision has been taken by Forth Ports to approve the proposed operations. What I will aim to ensure is that any activities in the Firth of Forth are fully compliant with environmental legal obligations.

NHS Finance

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it will improve contracts with community pharmacies and improve prescribing and monitoring of drugs spend in order to create savings in the NHS, as recommended in the Howat report.

John Swinney: The budget review report will contribute to our strategic thinking around the spending review. It would be inappropriate to comment on the detail or pre-empt any commitment ahead of the spending review 2007.

Police

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what the total costs were to constabularies across Scotland of policing official visits by the Prime Minister in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what the total costs were to constabularies across Scotland of policing official visits by the Home Secretary in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what the total costs were to constabularies across Scotland of policing official visits by the Chancellor of the Exchequer in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many officers were deployed by constabularies across Scotland to police official visits by the Prime Minister in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many officers were deployed by constabularies across Scotland to police official visits by the Home Secretary in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many officers were deployed by constabularies across Scotland to police official visits by the Chancellor of the Exchequer in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many official visits by the Chancellor of the Exchequer have required dedicated Scottish police resources in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many official visits by the Prime Minister have required dedicated Scottish police resources in each year since 1999.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many official visits by the Home Secretary have required dedicated Scottish police resources in each year since 1999.

Kenny MacAskill: This information is not held centrally.

Public Services

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether Professor Lorne Crerar’s independent review of scrutiny of public services in Scotland has been completed.

John Swinney: No. Professor Lorne Crerar’s independent review of scrutiny of public services in Scotland is due to be published at the end of August 2007. Further information on the review is available at www.scrutinyreview.org .

Renewable Energy

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive, further to the answer to question S3W-46 by Jim Mather on 1 June 2007, why the Scottish Ministers have not yet received the findings for the public local inquiry into CRE Energy’s planning application for a wind turbine development at Harestanes when the public sessions took place in June 2006.

Jim Mather: It was agreed to hold a con-joined inquiry for the Clyde and Harestanes development proposals. Complex evidence was heard on both large scale projects, with the con-joined part of the inquiry hearing evidence on cumulative issues, common to both applications. The inquiries for both schemes closed on 13 October 2006.

  At the pre-inquiry meeting it was estimated that the PLI report would be finalised by June 2007. This was due to the nature and number of submissions, both oral and written that needed to be addressed. The reporters conclusions and recommendations were received by Executive officials on 7 June 2007.

Roads

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what plans it has for a Nairn bypass.

Stewart Stevenson: I refer the member to the answer to question S3W-231 on 11 June 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Rural Development

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when it will take a decision on the rates of voluntary modulation for inclusion in the Rural Development Plan for 2007-13.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when the Rural Development Plan for 2007-13 will be submitted to the European Commission.

Richard Lochhead: I announced in Parliament the rates of voluntary modulation we intend to use during the Debate on 31 May on the Scotland Rural Development Programme 2007-13. My officials are in the process of finalising a contribution to a UK submission notifying the European Commission that in Scotland we intend to use voluntary modulation rates of 5% in 2007, 8% in 2008, 8.5% in 2009 and 9% in each year from 2010-2012 inclusive. The final day for submitting our voluntary modulation rates to the Commission is 12 June.

  We intend to also submit the Programme for formal consideration by the Commission around the same time as the voluntary modulation rates, although the exact date for this has still to be confirmed.

Rural Development

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how many farmers and crofters’ Rural Stewardship Scheme agreements will come to an end during 2007; what the cost to the Executive would be of these agreements being extended for one year, and what plans it has to extend such agreements until the Scottish Rural Development Plan is agreed.

Richard Lochhead: A total of 226 Rural Stewardship Scheme agreements are due to come to an end during 2007. A further year of management payments under these agreements would cost £2,188,247.30.

  There are no plans to extend such agreements. The Rural Stewardship Scheme came to an end with the ending of the previous Scottish Rural Development Programme at the end of 2006. We cannot enter into new agri-environment commitments until the new programme is approved by the EU. Future agri-environment support will be delivered through Tiers II and III of Rural Development Contracts.

Rural Development

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how many farmers and crofters were successful in entering a Rural Stewardship Scheme agreement in 2006; how many applications under the scheme failed; what the cost to the Executive would have been had these failed applications succeeded, and what plans it has to increase financial allocations in future so as to increase the area of land managed under agri-environment schemes.

Richard Lochhead: There were 504 farmers and crofters who entered into an agreement under the 2006 Rural Stewardship scheme. A total of 1,842 applications were not offered funding. The cost of funding these applications would have been £49.8 million.

  Agri-environment funding under the new Scottish Rural Development Programme will be £404 million, of which £233 million is available for new commitments. This compares with £110.1 million for new commitments in the previous programme.

Rural Development

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether, following the meeting of rural stakeholders held by the Cabinet Secretary for Rural Affairs and the Environment on 21 May 2007, the Cabinet Secretary invited the National Farmers Union of Scotland (NFUS) to a further private discussion to hear its representations on the question of modulation and, if so, what representations were received; whether any such meeting represents a favoured relationship between the Cabinet Secretary and the NFUS and, if so, what effect this relationship will have on other stakeholders; to what extent particular representations from the NFUS will influence the Cabinet Secretary’s decision and what value the Executive attaches to that stakeholder group, and whether all stakeholders will be given equal access and their views given equal value by the Executive.

Richard Lochhead: I can confirm that my ministerial colleague Michael Russell and I met with the NFUS following our meeting with the Scottish Rural Development Programme (SRDP) stakeholder group on 21 May. You may be aware that Michael Russell met with Environment Link last week.

  This is in line with the general engagement process we hope to develop with all stakeholders and our desire to meet and work with them in the coming weeks. I made clear my desire for co-operative working also when I wrote to the SRDP stakeholders group in advance of the Debate on the SRDP that was held on 31 May.

  We believe that the programme we have now announced represents a good deal for the industry, the environment and the people living and working across rural Scotland.

Rural Development

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether the Cabinet Secretary for Rural Affairs and the Environment considers that a rate of voluntary modulation rising from 5% to 15% is required to fund the current Scottish Rural Development Plan, including agri-environment and community-based measures.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what effect a voluntary modulation rate of less than 15% under the new Scottish Rural Development Plan will have on proposed agri-environment measures and social measures such as Leader.

Richard Lochhead: I announced during the Parliamentary Debate on the Scotland Rural Development Programme 2007-13 (SRDP) on 31 May that the rates of voluntary modulation to be applied in Scotland for the duration of that programme will be 5% in 2007, 8% in 2008, 8.5% in 2009 and 9% in 2010-12 inclusive. This will generate resources of around £211 million for the programme. In addition, I announced that Cabinet had agreed that £70 million should be made available to fund the programme over seven years in addition to the £1.1 billion of Scottish Executive resources devoted to rural development.

  These sums, when added to Scotland’s European allocation for rural development create an overall budget of around £1.6 billion for the programme. This is sufficient to deliver the programme defined by officials in consultation with stakeholders under the previous administration and our manifesto commitment to a new entrants scheme.

  We shall be investing £254 million in improving competitiveness of the agricultural and forestry sectors, £1,124 million on improving the environment and countryside through land management, £180 million on improving the quality of life through diversification of economic activity and £37 million through LEADER.

  The crucial issue for us, as the new Scottish Government, was to deliver a balanced programme, which was sufficiently funded to deliver environmental, social and economic benefits, without threatening an already fragile farming industry. I believe we have done that and there is something in the programme for everyone. This does not mean however, that we are complacent and we shall consider whether the programme needs to be amended in the course of the next seven years.

Rural Development

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what plans it has to change the current approach to state aid compliance and approval in respect of the fisheries and agricultural sectors.

Richard Lochhead: The Scottish Executive has no current plans to change the current approach to state aid compliance and approval in respect of the fisheries and agricultural sectors.

  A review of the state aid regulations used by the fisheries and agriculture sectors took place in 2006 with implementation commencing on 1 January 2007. The aim of the review was to simplify the regulations and to ensure that they reflect the new Rural Development and Fisheries Fund Regulations. These changes have not altered the approval process.

Rural Development

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive what timescale is envisaged for a decision to be reached on the voluntary modulation rate.

Richard Lochhead: I announced the rates of voluntary modulation rates for the period 2007-12 in Parliament on 31 May.

Scottish Executive Departments

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what estimated (a) costs and (b) savings are associated with the recent reorganisation of its departments.

John Swinney: A transitional team has been formed to implement corporate changes to the new structure at an estimated cost of £50,000. Approximately £694,000 per year will be saved.

Scottish Executive Ministers

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what estimated annual cost savings are associated with the reduction in the number of ministers for Session 3 of the Parliament.

John Swinney: We estimate the annual savings to be in the region of £924,000. This is made up from:

  

Ministers
£230,000


Private Office staff
£394,000


2 Heads of Department
£300,000

Scottish Executive Procurement

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what action it will take to ensure that social and environmental criteria are specified in public sector procurement contracts.

John Swinney: The Executive has already issued guidance to the wider Scottish public sector on how, and under what circumstances, environmental criteria can be specified in public contracts. The Executive has been working with external stakeholder bodies to produce Scottish specific guidance on including social criteria in public procurement activity which will be issued as soon as a final version has been agreed. The Executive is also involved in pilot projects looking at incorporating "social clauses" into contracts. All Executive guidance on social and environmental issues in public procurement can be found on the Executive’s website.

Scottish Executive Staff

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive whether there will be any staff redeployment as a result of the recent reorganisation of its departments and, if so, where the redeployment will occur and for what reasons.

John Swinney: The new organisational structure has led to some changes in roles and responsibilities. Some redeployment has already taken place. For example a small number of staff have moved to other roles as a result of the reduction in the number of ministerial private offices. As work continues to implement the new structure it is likely that there will need to be some further redeployment activity but it is not anticipated that the numbers involved will be significant.

Scottish Rural Development Plan

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive what actions under the new Scottish Rural Development Plan are aimed at meeting the Kyoto Protocol on climate change.

Richard Lochhead: Tackling climate change is one of the key priorities of the new Scotland Rural Development Programme 2007-13. The new programme contains significant support to encourage renewable energy projects to assist in reducing greenhouse gas emissions. In addition, the programme contains a number of forestry measures that will, amongst other things enhance the role of carbon sinks.

Scottish Rural Development Plan

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive how many representations it has received over the last 12 months on the environmental requirements of the Scottish Rural Development Plan.

Richard Lochhead: I know that there have been many representations to the Scottish Government on the environmental requirements to be included in the new Scotland Rural Development Programme 2007-13 (SRDP). That was evidenced by the responses to the consultations that were held last year on the strategic plan and the SRDP.

  The consultation on the SRDP received 259 responses. Of these responses, 50 (19%) were identified as representative organisations, including from environmental bodies. The consultation on the strategic plan produced 107 responses with nine from representative organisations. An analysis of these responses is available on the Scottish Executive website and copies of the responses are available on request from the Scottish Executive Library.

  Both the Minister for the Environment and I are keen to engage with key stakeholders and met with the SRDP Stakeholder Group on 21 May to hear at first hand members’ views on a range of issues that will affect the new programme. Since then Michael Russell, Minister for the Environment, has met with Environment Link and we fully intend to keep up this level of dialogue with our stakeholders.

  The draft SRDP prepared under the previous administration was drawn up in collaboration with a wide range of stakeholders, including environmental interests, in a series of technical working groups, consultative meetings and through on-going dialogue. As you know, we propose to implement that programme as drafted, with the addition of a new measure to help new entrants to farming.

Sex Offenders

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether a victim may appeal against the decision of a judge to reduce the sentence of a sex offender on appeal by the offender and, if so, how the victim’s appeal may be made.

Kenny MacAskill: No. In Scots law the victim does not have right of appeal against sentence at any stage. The Lord Advocate can appeal against the original sentence passed on conviction where it appears that the sentence is "unduly lenient", in terms of section 108 of the Criminal Procedure (Scotland) Act 1995, but the Lord Advocate does not have the right to appeal a sentence which has already been considered by the Appeal Court.

Special Advisers

Kenneth Gibson (Cunninghame North) (SNP): To ask the Scottish Executive how many special advisers it appointed in each of the first two sessions of the Parliament; what their specific responsibilities were, and what the total annual costs were of the posts.

The Executive have supplied the following corrected answer:

John Swinney: At the end of the first Parliament there were nine special advisers in post at an annual salary cost of £602,449 and at the end of the second Parliament there were 12 special advisers in post at an annual salary cost of £854,376. Both cost figures include ERNIC and employer pension contributions.

  The specific role and duties of special advisers is set out in the Code of Conduct for Special Advisers at Schedule 1 of the Model Contract for Special Advisers which is available in the Scottish Parliament Information Centre (Bib. number 37226).

Transport

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD): To ask the Scottish Executive what the capital cost estimates are for the Edinburgh Airport rail link scheme.

Stewart Stevenson: The projected outturn cost of the EARL project as committed to Parliament by the previous Minister for Transport on 16 March 2006 is between £550 and £650 million.

Transport

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what the remit is of its financial review of strategic transport projects.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive which individuals will carry out its financial review of strategic transport projects.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive whether the financial review of strategic transport projects will involve a consultation and, if so, who will be consulted and what the timescales will be.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive which transport projects are being considered as part of its financial review of strategic transport projects.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when it expects its financial review of strategic transport projects to be completed.

Tavish Scott (Shetland) (LD): To ask the Scottish Executive when it expects to publish the findings of its financial review of strategic transport projects.

John Swinney: I have asked for a review of major public transport projects which is being taken forward by Transport Scotland as a priority.

  We continue to monitor all projects to ensure proper financial control and management as well as to deliver value for money for Scottish taxpayers.

  This is all part of the normal, natural and necessary business of good government.

  The Auditor General will also publish the findings of the review that we have asked Audit Scotland to carry out on the EARL and Edinburgh trams projects. This will be brought to Parliament on 20 June 2007.

Waste Disposal

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what regulations would govern the disposal of waste from any new deep coal mine in Scotland.

Richard Lochhead: The disposal of any non-mineral wastes from deep coal mines, like most categories of waste, is governed by legislation deriving from the Environmental Protection Act 1990 and the Pollution Prevention and Control Act 1999, notably the Landfill (Scotland) Regulations 2003 and the Waste Incineration (Scotland) Regulations 2003. These Regulations derive ultimately from the European Waste Framework Directive (2006/12/EC) and related Community legislation.

  Waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries is, however, excluded from the Waste Framework Directive and the related legislation, both in Community and Scots law. Instead, in the case of any new deep coal mine in Scotland, it will be dealt with in legislation to transpose the Mining Waste Directive (2006/21/EC). This Directive must be transposed by 1 May 2008: the Executive is considering means of doing so.